BILL NUMBER: SB 2066	CHAPTERED  09/23/00

	CHAPTER   590
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JULY 3, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN SENATE   MAY 23, 2000
	AMENDED IN SENATE   MAY 3, 2000
	AMENDED IN SENATE   MARCH 27, 2000

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 25, 2000

   An act to amend Section 17092 of, and to add Sections 17070.51 and
17088.2 to, the Education Code, to amend Section 14615.1 of the
Government Code, and to amend Section 12 of Chapter 1601 of the
Statutes of 1988, relating to school facilities, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2066, O'Connell.  School facilities.
   (1) Existing law, the Leroy F. Greene School Facilities Act of
1998 (Greene Act of 1998), establishes a program for allocation by
the State Allocation Board of state per-pupil funding to school
districts for new construction and modernization of school
facilities, including hardship funding and supplemental funding for
site development and acquisition.  Existing law requires the
allocation to be based upon existing and projected unmet pupil
capacity based upon existing teaching stations, as defined.  Existing
law requires the board to apportion funds only upon compliance with
prescribed requirements relating to seismic safety approvals and
certification of the availability of local matching funds.
   This bill would require the board to impose certain penalties, to
be deposited into the continuously appropriated 1998 State School
Facilities Fund, and conditions upon school districts that submit
applications with material inaccuracies.  By depositing the penalties
in a continuously appropriated fund, this bill would make an
appropriation.
   (2) Existing law, the State Relocatable Classroom Law of 1979,
authorizes the board to lease portable classrooms to eligible school
districts and provides funding for this purpose.
   This bill would, notwithstanding contrary provisions of law,
authorize the board to transfer certain funds from the State School
Building Aid Fund to the 1998 State School Facilities Fund or to the
State School Deferred Maintenance Fund for allocation by the board
for purposes of those funds, and would make conforming changes.
   (3) Existing law adopts the federal model contractors
accreditation plan for contracts relating to identification of, and
action regarding, asbestos-containing materials in school buildings,
and requires that any person seeking accreditation register with the
Office of Local Assistance.
   This bill would delete the requirement of registration with the
Office of Local Assistance.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17070.51 is added to the Education Code, to
read:
   17070.51.  (a) If any certified eligibility or funding application
related information is found to have been falsely certified by
school districts, architects or design professionals, hereinafter
referred to as a material inaccuracy, the Office of Public School
Construction shall notify the board.
   (b) The board shall impose the following penalties if an
apportionment and fund release has been made based upon information
in the project application or related materials that constitutes a
material inaccuracy.
   (1) Pursuant to a repayment schedule approved by the board of no
more than five years, the school district shall repay to the board,
for deposit into the 1998 State School Facilities Fund, an amount
proportionate to the additional funding received as a result of the
material inaccuracy including interest at the rate paid on moneys in
the Pooled Money Investment Account or at the highest rate of
interest for the most recent issue of state general obligation bonds
as established pursuant to the Chapter 4 (commencing with Section
16720), of Part 3 of Division 4 of Title 2 of the Government Code,
whichever is greater.
   (2) The board shall prohibit the school district from
self-certifying certain project information for any subsequent
applications for project funding for a period of up to five years
following the date of the finding of a material inaccuracy or until
the district's repayment of the entire amount owed under paragraph
(1).  Although a school district that is subject to this paragraph
may not self-certify, the school district shall not be prohibited
from applying for state funding under this chapter.  The board shall
establish an alternative method for state or independent
certification of compliance that shall be applicable in these cases.
The process shall include, but shall not be limited to, procedures
for payment by the school district of any increased costs associated
with the alternative certification process.
   (c) For school districts found to have provided material
inaccuracies when a funding apportionment has occurred, but no fund
release has been made, the board shall direct its staff to reduce the
apportionment as necessary to reflect the actual nature of the
project and to disregard the inaccurate information or material, and
paragraph (2) of subdivision (b) shall apply.
   (d) For those school districts found to have provided material
inaccuracies when no funding apportionment or fund release has been
made, the inaccurate information or materials shall not be
considered, and paragraph (2) of subdivision (b) shall apply.  The
project may continue if the application, minus the inaccurate
materials, is still complete.
  SEC. 2.  Section 17088.2 is added to the Education Code, to read:
   17088.2.  Notwithstanding any provision of law to the contrary,
including, but not limited to, Section 17587, the board may transfer
any funds within the State School Building Aid Fund that are in
excess of the amounts needed by the board for the maintenance of
portable buildings or for the purchase of new portable buildings, for
that fiscal year, to either of the following:
   (a) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.
   (b) The State School Deferred Maintenance Fund for allocation by
the board for any purpose authorized pursuant to that fund.  The
board may utilize up to 100 percent of the funds transferred by the
board to the State School Deferred Maintenance Fund pursuant to this
section for funding extreme hardship critical projects.
  SEC. 3.  Section 17092 of the Education Code is amended to read:
   17092.  (a) No portable classrooms shall be made available to any
school district unless the district furnishes evidence, satisfactory
to the board, that the district has no available bond proceeds that
could be used for the purchase of classroom facilities.
   (b) Notwithstanding any other provision of law, a school district
or county superintendent of schools that has received approval for a
project that includes a justified number of new teaching stations
pursuant to Chapter 12 (commencing with Section 17000) or Chapter
12.5 (commencing with Section 17070.15) shall be eligible for at
least the same number of emergency portable classrooms as approved
new teaching stations.
   (c) Subdivision (a) does not apply to leases or subleases under
this chapter for the purpose of providing facilities, pursuant to
subdivision (c) of Section 17091, for licensed child day care
programs or any recreation or enrichment activities or programs for
schoolage children.
  SEC. 4.  Section 14615.1 of the Government Code is amended to read:

   14615.1.  Where the Legislature directs or authorizes the
department to maintain, develop, or prescribe processes, procedures,
or policies in connection with the administration of its duties under
this chapter, Chapter 2 (commencing with Section 14650), or Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code, the action by the department shall be exempt from the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), Chapter 4.5
(commencing with Section 11400), and Chapter 5 (commencing with
Section 11500)).  This section shall apply to actions taken by the
department with respect to the State Administrative Manual and the
State Contracting Manual.
  SEC. 5.  Section 12 of Chapter 1601 of the Statutes of 1988 is
amended to read:
  Sec. 12.  All provisions of the federal model contractors
accreditation plan (40 C.F.R. Appendix C, Subpart E, Part 763), as it
became effective June 1, 1987, are hereby adopted as the contractor
accreditation plan of this state, and are hereby incorporated in
Chapter 9 (commencing with Section 49400) of Part 27 of the Education
Code as though set forth in full therein.
